PL
Patrick L

1 reviews | Active since Oct 2011

02 Sept 2020, 17:07

DStv is Flouting ECTA!

DStv keeps sending me promotional emails that do not include an “Opt out” or “Unsubscribe” facility.

Please note that these spam emails constitute “unsolicited commercial communication” in terms of Section 45 of SA’s Electronic Communications and Transactions Act 25 of 2002 (ECTA).

Section 45(1)(b) requires that DStv provides recipients of its communications with the identifying particulars of the source from which it obtained their personal details, and pursuant to said requirement, I hereby request and demand that DStv informs me where it got my email address.

I note furthermore that DStv’s messages do not comply with Section 45(1)(a), which requires that DStv provides the consumer an option to cancel their subscription to the relevant DStv mailing list. DStv is therefore committing an offence in terms of Section 45(3), and liable upon conviction to penalties, as set out in Section 89(1).

I trust the above is sufficiently clear: DStv is breaking the law, and could face sanctions as a result. Please note that I have no wish whatsoever to enter into any correspondence with DStv concerning this issue. The contact number I have provided here is therefore fictitious. All DStv has to do is to include an “Opt out” or “Unsubscribe” mechanism in the body of its communications so that these comply with legal requirements as per ECTA.

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Replies (2)
DStv (MultiChoice)
DStv (MultiChoice)'s reply02 Sept 2020, 17:55
Official
Hi Patrick,

We acknowledge receiving your complaint and we are attending to it. Feedback will be communicated as soon as possible. 

Kind regards 
DStv: Hello Peter Team 
PL
Patrick L's update03 Sept 2020, 07:08
Reviewer Update
You are choosing to ignore the third paragraph of my original complaint, namely “Section 45(1)(b) [of ECTA] requires that DStv provides recipients of its communications with the identifying particulars of the source from which it obtained their personal details, and pursuant to said requirement, I hereby request and demand that DStv informs me where it got my email address.”

Do NOT try to evade this legal requirement. Apart from effecting an “unsubscribe” mechanism, I insist that you also provide the above information, failing which charges will be laid.

And take note there would be no need for DStv to apologise for “any inconvenience ... caused” if only it had ensured legal compliance in the first place!